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Genen v. McElroy

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1995
213 A.D.2d 511 (N.Y. App. Div. 1995)

Opinion

March 20, 1995

Appeal from the Supreme Court, Orange County (Barone, J.).


Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is granted.

The Supreme Court improvidently exercised its discretion in denying the plaintiffs' motion for leave to enter a default judgment. In opposition to the motion, the defendants failed to proffer a reasonable excuse for the lengthy delay in answering the complaint and failed to demonstrate that they had a meritorious defense (see, CPLR 3012 [d]; MacMarty, Inc. v Scheller, 201 A.D.2d 706, 707; Bergida v. Wassen, 186 A.D.2d 522; Martyn v. Jones, 166 A.D.2d 508; Cree v. Cree, 124 A.D.2d 538, 540; Leogrande v. Glass, 106 A.D.2d 431, 432; County of Nassau v Cedric Constr. Corp., 100 A.D.2d 890, 891-892). The record indicates that the defendants only served their answer in response to the plaintiffs' motion. Under the circumstances of this case, based upon the complete failure of proof by the defendants, we find that the plaintiffs are entitled to a default judgment against the defendants. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.


Summaries of

Genen v. McElroy

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1995
213 A.D.2d 511 (N.Y. App. Div. 1995)
Case details for

Genen v. McElroy

Case Details

Full title:ABRAHAM GENEN et al., Appellants, v. KEVIN McELROY et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 20, 1995

Citations

213 A.D.2d 511 (N.Y. App. Div. 1995)
624 N.Y.S.2d 50

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